Cape Town - Alleged underworld kingpin Nafiz Modack has called on the Western Cape High Court to ensure he has a fair trial, as he planned to lodge a bail application.
Modack and his co-accused returned to the dock this week for the continuation of the mammoth underworld trial where they face over 100 charges including murder, attempted murder, money laundering, racketeering and charges under the Prevention of Organised Crime Act.
The group is also accused of orchestrating the assassination of Anti-Gang Unit detective Charl Kinnear.
In a letter addressed to Judge Robert Henney, Modack said his right to a fair trial was being infringed on based on his alleged inability to access the case docket.
“I have, together with various legal representatives, requested on numerous occasions that I be afforded the opportunity to have insight into the whole docket. I confirm that to date I have not had insight into the docket.
“I was given legal aid representation and the legal aid representative had very little time to prepare and at no stage was he in a position to properly consult with me, taking into account the totality of all the evidence.
“Notwithstanding and without taking into regard the complexity of the matter and the volume of documents to read and consult, I was compelled to proceed with the trial in the matter, and I confirm my constant inability to prepare and to provide proper instructions to my lawyer.”
Modack said consultations with advocate Bash Sibda were short and interrupted by prison officials and police.
He said despite being barred from getting the paperwork or the opportunity to view digital evidence, he was compelled to proceed with the trial and make admissions.
He will also now lodge an urgent bail application: “I want to bring an urgent bail application and you are requested to assist in affording me the opportunity to do so in order to prevent further violation of my constitutional right to a fair trial.”